Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Grant - Allegation of Dowry demand and Cruelty - Very serious and direct allegations of torture and cruelty in connection with and on account of demand of dowry articles are assigned to petitioner in FIR - Police has yet to interrogate him and to collect the evidence -..........
Criminal Procedure Code, 1973, Section 378, Arms Act, 1959, Section 25 -- Appeal Against acquittal - Possession of Pistol - Accused found in possession of pistol along with two live cartridges without any permit or license - Accused took plea that pistol belonged to his grandfather and was given to him to keep it in safe place - Statement of police that at the time of..........
Prevention of Corruption Act, 1988, Section 19, 13, Criminal Procedure Code, 1973, Section 197 -- Illegal Gratification - Sanction - Motive has been proved as bribe money was demanded for not giving beating to X, who was in police lock up who was earlier given beatings - Act cannot be said as done while performing official duties - No need of sanction under Cr.P.C. - SP..........
Criminal Procedure Code, 1973, Section 482 -- Inherent Power - Bribery - Complainant moved representation before ACP for registration of case but no appropriate proceedings were initiate - Complainant approached the high court without exhausting the alternative remedies available - Held, it is not exceptional case where the High Court should exercise its inherent powers..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police aid - Police officers are duty bound to enforce the order of interim injunction of Court and give protection and assistance to petitioner who obtained such order in his favour and sought such protection by making a complaint...........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 74, 76 -- FIR is a public document as defined u/s 74 of Evidence Act - Accused is entitled to copy thereof - Accused can submit an application for certified copy of FIR through his representative/agent/parokar to the concerned police officer or SP who is to supply certified copy within twenty four..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Certified copy thereof - Uploading of FIR on website - Necessary directions issued: (i) The accused is entitled to get a copy of First Information report at an earlier stage as prescribed u/s 207 Cr.P.C. (ii) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place..........
Criminal Procedure Code, 1973, Section 190(1)(b) -- Cognizance of offence - If there is reason for Magistrate to differs with opinion of police report expunging the case by submitting final report/closer report, he has three options: (1) to order further investigation u/s 156(3) Cr.P.C.; (ii) to accept the police report and drop the proceedings against accused by accepting..........
Criminal Procedure Code, 1973, Section 190, 156(3) -- Cognizance of offence - Magistrate can order further investigation when he forms opinion that investigation has not been properly and fairly conducted or police report is not based on full and complete investigation - However, while ordering further investigation, Magistrate cannot direct or call upon police to submit..........
Bombay Police Act, Section 33, Criminal Procedure Code, 1973, Section 144 -- Prohibition of hookah - Gujarat High Court prohibited hotels and restaurants from providing the facility of hookah and prohibited hookah bars with the help of S.144 Cr.P.C. - Word "regulate" u/s 33 Bombay Police Act would not include the power to prohibit - Moreover, S.144 Cr.P.C.provides a power..........
